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<br />WHEREAS, the Data Request established a deadline of September 25, 2008, for <br />Comcast to respond fully and completely to the Data Request; and <br /> <br />WHEREAS, Comcast requested an extension of the September 25,2008, deadline; and <br /> <br />WHEREAS, the Commission's Executive Director agreed to grant Comcast's extension <br />request if certain reasonable conditions were met; and <br /> <br />WHEREAS, Comcast refused to meet those conditions; and <br /> <br />WHEREAS, the Commission's Executive Director rejected Comcast's extension request <br />because Comcast did not demonstrate good cause for the request and would not guarantee that <br />the requested data and certifications would be provided if the extension was granted; and <br /> <br />WHEREAS, notwithstanding Comcast's failure to produce requested documents and <br />certifications in a timely manner, the Commission's Executive Director, FRC and Bradley & <br />Guzzetta, LLC conducted multiple telephone conferences with Com cast at various times to <br />discuss the production of documents and certifications and to answer any questions Comcast had <br />about the Data Request; and <br /> <br />WHEREAS, Comcast represented to FRC and Bradley & Guzzetta, LLC that it <br />understood what data and certifications were being requested and the rationale for each request; <br />and <br /> <br />WHEREAS, on October 31, 2008, Comcast provided brief narrative responses to the <br />Data Request, but did not submit any ofthe financial data or certifications specified in the Data <br />Request; and <br /> <br />WHEREAS, on November 3,2008, the Commission's Executive Director transmitted a <br />letter to Comcast stating that no data or certifications responsive to the Data Request had been <br />received, and that Comcast's October 31,2008, submission was incomplete and inadequate; and <br /> <br />WHEREAS, on November 18,2008, the Commission's Executive Director again <br />notified Comcast, in writing, that no substantive responses to the Data Request had been <br />provided, and that Comcast's October 31, 2008, submission was incomplete and inadequate; and <br /> <br />WHEREAS, on November 19,2008, Comcast transmitted a letter to the Commission <br />again seeking an extension of time to respond to the Data Request and promising to provide <br />requested data and certifications within fifteen (IS) business days; and <br /> <br />WHEREAS, after considering Comcast's November 19, 2008, request and information <br />provided by Commission staff, FRC and the Commission's attorney, the Commission adopted <br />Resolution No. 2008-03 at its November 19,2008, meeting; and <br /> <br />2 <br />P.32 <br />